Terms of Service

1. Introduction and Acceptance

Welcome to WingSnob ("we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and WingSnob, governing your use of our website located at wingsnobchicken.top, our food delivery and catering services, mobile applications, and all related services (collectively, the "Services").

By accessing, browsing, or using our Services in any manner, including placing orders, creating accounts, or interacting with our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree with any provision of these Terms, you must immediately cease using our Services. Your continued use of our Services constitutes acceptance of any modifications to these Terms.

1.1 Eligibility Requirements

To use our Services, you must:

• Be at least 18 years of age or have reached the age of majority in your jurisdiction
• Have the legal capacity to enter into binding agreements
• Provide accurate and complete information when required
• Reside in an area where our services are available
• Comply with all applicable local, state, and federal laws

1.2 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

1.3 Updates to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will post the updated Terms on our website and update the "last updated" date. Your continued use of our Services after any such changes constitutes acceptance of the new Terms.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "Company," "we," "us," or "our" refers to WingSnob, a food service business operating at 6640 Washington St, Yountville, CA 94599, USA.
• "You," "your," or "User" refers to any individual or entity that accesses or uses our Services.
• "Services" includes our website, mobile applications, food delivery, catering, dine-in services, and all related offerings.
• "Content" refers to all text, images, graphics, videos, audio, software, and other materials available through our Services.
• "Website" refers to wingsnobchicken.top and all associated subdomains and pages.
• "Order" refers to any request for food items or services placed through our platform.
• "Account" refers to the user profile created when registering for our Services.

3. Use of Services

3.1 Permitted Use

Subject to compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to use our Services for:

• Personal, non-commercial purposes only
• Placing legitimate food orders and using our catering services
• Accessing information about our menu, services, and company
• Communicating with us through official channels
• Participating in promotions or loyalty programs when eligible

3.2 Prohibited Use

You agree not to use our Services for any of the following prohibited activities:

• Any illegal activities or activities that violate local, state, or federal laws
• Harassment, abuse, or harm to other users, staff, or delivery personnel
• Unauthorized access to our systems, networks, or user accounts
• Violating intellectual property rights of WingSnob or third parties
• Sending spam, unsolicited communications, or malicious content
• Providing false, misleading, or fraudulent information
• Interfering with or disrupting our Services or servers
• Using automated systems, bots, or scripts to access our Services
• Reverse engineering, decompiling, or attempting to extract source code
• Reselling or commercial redistribution of our Services
• Creating fake accounts or impersonating others
• Attempting to circumvent security measures or access controls

4. User Accounts

4.1 Registration Requirements

To access certain features of our Services, you may be required to create an account. When registering, you must provide accurate, complete, and current information. You agree to update your information promptly when changes occur.

4.2 Account Security

You are solely responsible for maintaining the confidentiality and security of your account credentials. This includes:

• Choosing a strong, unique password
• Keeping your login information confidential
• Notifying us immediately of any unauthorized access
• Ensuring your contact information remains current

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms, suspicious activity, or any other reason we deem appropriate. You may also delete your account at any time by contacting us directly.

5. Products and Services

5.1 Food Safety and Quality Standards

We are committed to maintaining high food safety and quality standards in compliance with all applicable health regulations. All food items are prepared in accordance with local health department requirements and food safety protocols.

5.2 Allergen Information and Disclaimers

We make reasonable efforts to provide accurate allergen information for our menu items. However, due to the nature of food preparation, cross-contamination may occur. Customers with severe allergies should exercise caution and inform us of their specific needs. We cannot guarantee that any menu item is completely free from allergens.

5.3 Product Descriptions and Accuracy

We strive to provide accurate descriptions, images, and pricing for all menu items. However, we reserve the right to correct any errors and may modify menu items, ingredients, or pricing without prior notice.

5.4 Order Processing and Acceptance

All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including but not limited to:

• Item unavailability or supply issues
• Pricing or description errors
• Suspected fraudulent activity
• Delivery area restrictions
• Failure to meet minimum order requirements
• Payment processing issues

5.5 Delivery Terms and Timing

Delivery services are available within our designated delivery zones. Delivery times are estimates and may vary due to weather, traffic, order volume, or other circumstances beyond our control. We are not liable for delays in delivery.

Delivery zones and minimum order requirements may change without notice. Additional delivery fees may apply based on distance and order size.

5.6 Order Modifications and Cancellations

Order modifications or cancellations may be possible if requested immediately after placing the order and before food preparation begins. Once preparation has started, orders cannot be modified or cancelled. Cancellation policies may vary for catering orders.

5.7 Temperature-Sensitive Items

We take special care in handling temperature-sensitive items to ensure food safety. However, we cannot control environmental factors during delivery that may affect food temperature. We recommend consuming delivered food promptly.

5.8 Payment Terms

Payment is required at the time of order placement. We accept various payment methods as displayed on our website. All prices include applicable taxes unless otherwise specified. Tips for delivery personnel are optional but appreciated.

5.9 Returns and Refunds

For information regarding returns and refunds, please refer to our separate Refund Policy available at wingsnobchicken.top/refund.html.

6. Intellectual Property

6.1 Our Intellectual Property

All content on our Services, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, software, and their arrangement, is owned by WingSnob or its licensors and is protected by copyright, trademark, and other intellectual property laws.

The WingSnob name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of WingSnob or its affiliates. You may not use these marks without our prior written permission.

6.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes only. This license does not include the right to:

• Reproduce, distribute, or publicly display our content
• Create derivative works based on our content
• Use our content for commercial purposes
• Remove or modify any copyright or other proprietary notices

6.3 User Content License

By submitting content to our Services (reviews, photos, comments, etc.), you grant us a worldwide, royalty-free, non-exclusive license to use, modify, reproduce, distribute, and display such content in connection with our Services and marketing efforts.

6.4 Copyright Infringement Reporting

If you believe any content on our Services infringes your copyright, please contact us at [email protected] with detailed information about the alleged infringement.

7. User Content

7.1 Responsibility for Your Content

You are solely responsible for any content you submit, post, or transmit through our Services. You represent and warrant that you own or have the necessary rights to use and authorize us to use all content you provide.

7.2 Prohibited Content

You agree not to submit content that:

• Is false, misleading, or fraudulent
• Is defamatory, obscene, or offensive
• Violates any person's privacy or publicity rights
• Infringes intellectual property rights
• Contains viruses or malicious code
• Promotes illegal activities or violence
• Includes personal information of others without consent

7.3 Content Monitoring and Removal

While we are not obligated to monitor user content, we reserve the right to remove or modify any content that violates these Terms or is otherwise objectionable at our sole discretion.

8. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

8.1 "As Is" Service Provision

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2 Service Availability

We do not warrant that our Services will be uninterrupted, error-free, or completely secure. We may experience technical issues, maintenance periods, or service interruptions that could affect your use of our Services.

8.3 Third-Party Content

Our Services may contain links to third-party websites or content. We are not responsible for the accuracy, completeness, or reliability of any third-party content and do not endorse any third-party products or services.

8.4 Professional Advice Disclaimer

Any nutritional information, dietary recommendations, or health-related content provided through our Services is for general informational purposes only and should not be considered professional medical or dietary advice.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

9.1 Maximum Liability Limits

In no event shall WingSnob's total liability to you for all damages, losses, and causes of action exceed the total amount paid by you to WingSnob in the twelve (12) months preceding the claim, or $100, whichever is greater.

9.2 Excluded Damages

WingSnob shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or business opportunities
• Loss of data or information
• Business interruption
• Personal injury (except where prohibited by law)
• Emotional distress
• Loss of reputation

9.3 Food-Related Liability

While we maintain high food safety standards, we cannot guarantee that our food will meet every individual's dietary needs or preferences. Our liability for food-related issues is limited to refund or replacement of the affected items.

10. Indemnification

You agree to indemnify, defend, and hold harmless WingSnob, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:

• Your violation of these Terms
• Your use of our Services
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations
• Any content you submit or transmit through our Services

This indemnification obligation shall survive termination of these Terms and your use of our Services.

11. Third-Party Links and Services

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by WingSnob. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

We do not endorse or make any representations about third-party websites or services. Your interactions with third-party organizations and your use of their websites or services are governed by their respective terms and privacy policies.

We encourage you to review the terms and privacy policies of any third-party websites or services that you visit or use.

12. Termination

12.1 Termination by Company

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Fraudulent or suspicious activity
• Abusive behavior toward staff or other users
• Repeated order cancellations or refund requests
• Legal requirements or law enforcement requests

12.2 Termination by User

You may stop using our Services at any time. To delete your account, please contact us at [email protected].

12.3 Effect of Termination

Upon termination, your right to use our Services will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and indemnity obligations.

13. Governing Law and Disputes

13.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

13.2 Jurisdiction and Venue

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Napa County, California, and you hereby consent to personal jurisdiction and venue in such courts.

13.3 Dispute Resolution

We encourage you to contact us directly to resolve any issues. Most concerns can be resolved quickly and satisfactorily through direct communication with our customer service team.

13.4 Time Limitation

Any claim arising from your use of our Services must be filed within one (1) year after the cause of action arose, or such claim will be permanently barred.

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. When we make material changes, we will:

• Post the updated Terms on our website
• Update the "last updated" date
• Provide notice through our Services or via email when appropriate

Your continued use of our Services after any such changes constitutes acceptance of the new Terms. It is your responsibility to review these Terms periodically for changes.

If you do not agree to the modified Terms, you must stop using our Services immediately.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on our Services, constitute the entire agreement between you and WingSnob concerning the use of our Services.

15.2 Severability

If any provision of these Terms is deemed invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights or provisions.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We shall not be liable for any failure to perform due to unforeseen circumstances or causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

15.6 Headings

The headings in these Terms are for convenience only and have no legal or contractual effect.

16. Contact Information